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Polomski v. Mayor and City Council of Baltimore11/21/1996
Opinion by Karwacki, J.
In this case, we construe Maryland Code (1991 Repl. Vol., 1996 Cum. Supp.), § 9-503(d)(2) of the Labor and Employment Article, the so-called "offset provision" of § 9-503 of the Maryland Workers' Compensation Act (hereinafter "Workers' Compensation Act" or "the Act"). Specifically, we are asked the narrow question of whether § 9-503(d)(2) requires the reduction of workers' compensation benefits for a disability caused by an occupational disease paid to a retired fire fighter who is also receiving retirement benefits under a service pension plan. We shall hold that it does and affirm the judgment of the Court of Special Appeals.
I.
The facts are undisputed. After working as a Baltimore City fire fighter for nearly 38 years, Leonard Polomski was earning a weekly wage of $676.32. On September 4, 1992, Polomski applied for, and received, a "time-earned" service retirement, effective March 3, 1993, for which he was compensated at the biweekly rate of $1,128.69, or $564.35 per week. Shortly thereafter, Polomski also applied for workers' compensation benefits for heart disease, hypertension, and lung ailments under § 9-503(a), which provides in pertinent part:
"(a) Heart disease, hypertension, and lung disease -- Fire fighters, fire fighting instructors, and rescue squad members. -- A paid fire fighter or paid fire fighting instructor employed by an airport authority, a county, a fire control district, a municipality, or the State or a volunteer fire fighter, volunteer fire fighting instructor, or volunteer rescue squad member who is a covered employee under § 9-234 of this title is presumed to have an occupational disease that was suffered in the line of duty and is compensable under this title if:
(1) the individual has heart disease, hypertension or lung disease;
(2) the heart disease, hypertension, or lung disease results in partial or total disability or death; . . . ."
The Workers' Compensation Commission (hereinafter "Commission") concluded that Polomski "sustained an occupational disease . . . arising out of and in the course of his employment; and [allowed his] claim for temporary total disability from September 4, 1992 to February 4, 1994 inclusive; subject to a credit for wages paid." The Commissioner ordered Baltimore City to pay Polomski the unadjusted rate of $451.00 per week beginning February 5, 1992 for the period September 4, 1992 to February 4, 1994. The Mayor and City Council of Baltimore ("the City") appealed that Order to the Circuit Court for Baltimore City, contending Polomski's workers' compensation benefits were limited to $111.97 by § 9-503(d)(2).
The circuit court affirmed the Order of the Commission. The City appealed that judgment to the Court of Special Appeals. The intermediate appellate court reversed, holding that the clear language of § 9-503(d)(2) expressly requires the Commissioner to reduce Polomski's workers' compensation award so that, when combined with his "retirement benefits," his payments would not exceed his weekly salary earned while still employed as a fire fighter. Mayor & City Council of Baltimore v. Polomski, 106 Md. App. 689, 666 A.2d 895 (1995). We issued a writ of certiorari to determine the application of § 9-503(d)(2) to the facts of the instant case.
II.
In construing any statute, our principal mission is to effectuate the intent of the Legislature. Bowen v. Smith, 342 Md. 449, 454, 677 A.2d 81, 83 (1996); Soper v. Montgomery County, 294 Md. 331, 335, 449 A.2d 1158, 1160 (1982). The primary source of that intent is the language of the statute itself. Bowen, 342 Md. at 454, 677 A.2d at 83. Where the
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